Facts

John Casey has been battling asbestos-caused mesothelioma since his diagnosis on Jan. 24, 2010. Casey worked as a plumber at numerous high-rise commercial buildings throughout San Francisco between 1961 and 2001 when he retired from working at the University of California San Francisco. Casey worked with asbestos-containing products and near others that used and disturbed asbestos-containing products.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that defendant FDCC California, Inc. failed to properly put or maintain building sites where asbestos products were used and that FDCC California, Inc.'s own employed laborers swept up asbestos debris exposing Mr. Casey to asbestos. Plaintiffs contended defendant Kaiser Gypsum Company was negligent in its manufacture and sale of asbestos containing drywall accessory products after it knew of dangers of asbestos, that its joint compounds were defective in design and lacked any warnings or cautions regarding asbestos.

DEFENDANTS' CONTENTIONS:
Defendants contended that Mr. Casey did not have a chrysotile asbestos caused disease. Defendants contended that plaintiffs mesothelioma was caused only by amphibole fibers. Defendant FDCC California, Inc. contended that it was not negligent as a contractor. Defendant Kaiser Gypsum Company contended its products were safe, not defective in design, contained adequate asbestos cautions on its labeling as required by OSHA regulations. Defendants did not believe Mr. Casey's mesothelioma caused him damages.

Damages

The jury assessed $1,273,421 in economic damages; $14 million in non-economic damages; and $5 million in loss of consortium damages.

Result

Verdict for $21,273,421 ($255,000 past and future medical expenses; $1,018,421 economic damages; $15 million non-economic damages; $5 million loss of consortium).

Other Information

The jury determined that defendant FDCC (formerly known as Dinwiddie Construction Company) was negligent and defendant Kaiser Gypsum's asbestos-containing products were defectively designed, contained a failure to warn product defect, and that Kaiser Gypsum was negligent. The jury assigned 7 percent of the liability to FDCC; 3.5 percent of the liability to Kaiser Gypsum. The jury was unable to reach a verdict on plaintiff's punitive damages claim against Kaiser Gypsum, which is presently set for retrial beginning April 11, 2011 before Judge Donald Sullivan.

Length

14 weeks